GANDARA v. UNITED STATES

No. 5483.

33 F.2d 394 (1929)

GANDARA v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

June 17, 1929.


Attorney(s) appearing for the Case

James D. Barry, of Tucson, Ariz., Fryer & Cunningham, of El Paso, Tex., and Edward I. Barry, of San Francisco, Cal., for plaintiff in error.

John C. Gung'l, U. S. Atty., and Clarence V. Perrin, and Frederic G. Nave, Asst. U. S. Atty., all of Tucson, Ariz., for the United States.

Before RUDKIN, DIETRICH, and WILBUR, Circuit Judges.


WILBUR, Circuit Judge.

The plaintiff in error was convicted of violating the provisions of the Criminal Code, Rev. Stat. § 5286 (vol. 18 USCA § 25). A group of from 20 to 150 armed Yaqui Indians, who had been engaged with several thousand other Yaqui Indians in an insurrection in Mexico, which had been in progress for several years, came to Tucson, Ariz., to secure arms and ammunition and to return to resume hostilities.

Plaintiff in error furnished...

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